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(영문) 대법원 2017. 05. 16. 선고 2017다208669 판결
(심리불속행) 양도담보권자의 담보목적물 처분행위나 그 채권자의 담보목적물에 대한 압류 역시 유효함[국승]
Case Number of the immediately preceding lawsuit

Cheongju District Court-2014-B-1506 (1.06, 2017)

Title

(Incompetence of Trial) Any disposal of secured party’s collateral or seizure of the creditor’s collateral also becomes effective.

Summary

(In the first instance), since the property is owned by a taxpayer at the time of the attachment disposition on the property transferred for security, it cannot be deemed unlawful to seize and sell the property, or null and void as an anti-social legal act.

Related statutes

Article 50 of the National Tax Collection Act, Article 53 of the National Tax Collection Act

Cases

Supreme Court Decision 2017Da208669 Decided Compensation

Plaintiff-Appellant

AAA Construction Company

Defendant-Appellee

Korea

Judgment of the lower court

January 6, 2017

Imposition of Judgment

May 16, 2017

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The records of this case and the judgment below and the grounds of appeal were examined, but the appellant's grounds of appeal are examined.

The argument regarding the procedure of appeal does not include the reasons prescribed in the subparagraphs of Article 4(1) of the Act on Special Cases concerning the Procedure of Appeal.

The appeal is dismissed in accordance with Article 5 of the same Act. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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